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PEOPLE v. WALTERS

Docket No. 50842.

109 Mich. App. 734 (1981)

311 N.W.2d 461

PEOPLE v. WALTERS.

Michigan Court of Appeals.

Decided September 22, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Frank R. Del Vero, Prosecuting Attorney, and Mary C. Smith, Assistant Attorney General, for the people.

Jules N. Fiani, for defendant.

Before: D.E. HOLBROOK, JR., P.J., and M.F. CAVANAGH and MacKENZIE, JJ.

PER CURIAM.

Defendant was convicted by a jury of receiving and concealing stolen property valued over $100, MCL 750.535; MSA 28.803. Immediately after defendant's conviction, the prosecutor sought to commence proceedings charging defendant as an habitual criminal, third offense, MCL 769.11; MSA 28.1083. Pursuant to a motion by defendant, the trial court refused to allow the prosecutor to proceed on the supplemental information since the defendant had not yet been...

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